Presumptive Disability Law in Wisconsin
CODE PART:
WISCONSIN STATUTES & ANNOTATIONS
Provisions Common to Actions and Proceedings in All Courts
Chapter 891. Presumptions.
891.45 Presumption of employment-connected disease; heart or respiratory impairment or disease.
891.453 Presumption of employment-connected disease; infectious disease.
891.455 Presumption of employment-connected disease; cancer.
891.45 Presumption of employment-connected disease; heart or respiratory impairment or disease.
DESCRIPTION:
891.45(1)
In this section:
891.45(1)(a)
“County fire fighter” means any person employed by a county whose duties primarily include active fire suppression or prevention.
891.45(1)(b)
“Municipal fire fighter” includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.
891.45(1)(c)
“State fire fighter” means any person employed by the state whose duties primarily include active fire suppression or prevention and who is a protective occupation participant, as defined in s. 40.02 (48).
891.45(2)
In any proceeding involving the application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled fire fighter had served a total of 5 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her becoming a state, county, or municipal fire fighter showed no evidence of heart or respiratory impairment or disease, and where the disability or death is found to be caused by heart or respiratory impairment or disease, such finding shall be presumptive evidence that such impairment or disease was caused by such employment.
891.453 Presumption of employment-connected disease; infectious disease.
891.453(1)(b) “Emergency medical service provider” means a person employed by the state or by a county or municipality and who is an emergency medical technician under s. 256.01 (5) or a first responder under s. 256.01 (9).
891.453(1)(c) “Fire fighter” means a state, county, or municipal fire fighter who is covered under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter took up at
least two-thirds of his or her working hours.
891.453(2)(a) In this subsection, “infectious disease” includes the human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, hepatitis A, hepatitis B, hepatitis C, hepatitis D, diphtheria, meningococcal meningitis, methicillin-resistant staphylococcus
aureus, and severe acute respiratory syndrome.
891.453(2)(b) In any proceeding involving the application by a correctional officer, an emergency medical service provider, a fire fighter, or a law enforcement officer or his or
her beneficiary for disability or death benefits under s.40.65 (2) or any pension or retirement system applicable to correctional officers, emergency medical service providers, fire fighters, or law enforcement officers, if a qualifying medical examination given prior to the time of
his or her becoming a correctional officer, an emergency medical service provider, a fire fighter, or a law enforcement officer showed no evidence of an infectious disease, and if the disability or death is found to be caused by an infectious disease, the finding shall be presumptive evidence that the infectious disease was caused by the employment.
891.455
Presumption of employment-connected disease; cancer.
891.455(1)
In this section, “state, county, or municipal fire fighter” means a fire fighter who is covered under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.
891.455(2)
In any proceeding involving an application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled fire fighter had served a total of 10 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her becoming a state, county, or municipal fire fighter showed no evidence of cancer, and where the disability or death is found to be caused by cancer, such finding shall be presumptive evidence that the cancer was caused by such employment.
891.455(3)
The presumption under sub. (2) shall only apply to cancers affecting the skin, breasts, central nervous system or lymphatic, digestive, hematological, urinary, skeletal, oral or reproductive systems.
891.455(4)
The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1m), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.